Procurement

Minter Ellison's Government Industry Group has played a leading role in advising on some of the largest and most complex procurement and outsourcing projects for government. Our focus is on the successful delivery of a robust, transparent and defensible procurement which meets the commercial and business needs of the government client and puts in place the framework for successful contract management over the life of the contract.

Our lawyers have a deep understanding of the legislative and policy framework within which government procurement processes take place. Our lawyers have applied and advised on applicable Commonwealth and State procurement policies, including the Commonwealth Procurement Rules, and supporting policy guidance, Finance Circulars, the National Code of Practice for the Construction Industry and the Statement of Intellectual Property Principles for Australian Government Agencies. On a State level, our lawyers advise on, and comply with, analogous State based legislative and policy requirements when acting for government.

As a leading adviser to industry on major infrastructure and outsourcing projects, Minter Ellison also brings to its advice to government its cutting-edge knowledge of national and international developments in procurement.

Using our suite of template documentation and procurement tools, we are able to offer government clients assistance in the preparation of: Requests for expressions of interest, requests for tender and related documentation; contracts, deeds of standing offer and consultancy agreements; tender evaluation plans and reports; communication protocols; and risk assessment methodologies and matrices. Our team has experience in drafting documentation that takes into account the unique needs of government on such issues as indemnities, warranties, insurance, performance management, dispute resolution and termination.

For sensitive and complex procurements, we facilitate the development of a risk assessment methodology in accordance with ISO certification standards and which aligns our government client's business objectives with processes, appetite for risk and legal documentation.

Minter Ellison's procurement team is recognised for its ability to provide legally accurate and commercially-focused advice to meet government business outcomes.

OneSky: Airservices Australia Air Traffic Control Futures Systems project

Advising Airservices Australia on the procurement of a replacement air traffic control system (OneSky) for the whole of Australia. Airservices Australia is working closely with the Department of Defence, with the joint objective of realising harmonisation between civilian and military air traffic control systems and operations.

Sydney Ferries Market Review Project

Acted for the NSW Department of Transport & Infrastructure in the Sydney Ferries Market Review project. This was a high profile and politically sensitive project to implement the recommendations of the Walker report into the operation of Sydney Ferries.

National Health Reform Business Information Systems Program

Advised the Department of Health and Ageing in the implementation of the National Health Reform Business Information Systems Program. The project involved multiple approaches to market, the engagement of multiple vendors (including hardware, software, managed services and data transformation services), vendor integration and complex IP issues. We also advised the Department in relation to issues concerning delivery of the solution.

ASIC information technology refresh (Start) program

Assisted the Australian Securities and Investments Commission with multiple projects within its IT refresh program — procurement of service oriented architecture, multiple systems integration projects, significant hardware and software purchases and the establishment of various panel arrangements.

BasicsCard project

Advised the Department of Human Services on the introduction of the new BasicsCard – the Australian Government’s income management point of sale card solution. We assisted with the approach to market documentation, evaluated tender responses and prepared the final contract with the preferred tenderer, and advised on procurement, contracting, GST and regulatory issues and engagement with stakeholder agencies.